Wheeler v. The Whiting-Turner Contracting Company ( 2024 )

1 2 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 3 4 Antonio Wheeler, Case No. 2:24-cv-00642-CDS-MDC 5 Plaintiff Order Adopting Magistrate Judge’s Report and Recommendation and Closing Case 6 v. 7 The Whiting-Turner Contracting Company, [ECF No. 5] et al., 8 Defendants 9 10 On May 28, 2024, Magistrate Judge Maximiliano D. Couvillier, III, denied pro se plaintiff 11 Antonio Wheeler’s in forma pauperis (“IFP”) application and ordered Wheeler to either pay the 12 filing fee or file a new IFP application. Order, ECF No. 4. In that order, Judge Couvillier noted that 13 Wheeler is a frequent filer in this Court and cautioned him that his behavior is bordering on 14 vexatious.1 Id. at 1. Wheeler had until June 11, 2024, to comply with that order. Id. at 3. Wheeler 15 failed to do so. 16 As a result, on August 2, 2024, Judge Couvillier issued a report and recommendation 17 (R&R) that this case should be dismissed. R&R, ECF No. 5. Wheeler had until August 16, 2024, 18 to file to file any objections to the R&R. LR IB 3-2(a) (stating that parties wishing to object to an 19 R&R must file objections within fourteen). See also 28 U.S.C. § 636(b)(1)(C) (same). As of the 20 date of this order, Wheeler has neither objected to the R&R nor requested more time to do so. 21 And “no review is required of a magistrate judge’s report and recommendation unless objections 22 are filed.” Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003). See also Thomas v. Arn, 474 23 U.S. 140, 150 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). Therefore, I 24 adopt the R&R in full and dismiss this action without prejudice. 25 26 1 The Ninth Circuit has defined vexatious litigation as “‘without reasonable or probable cause or excuse, harassing, or annoying.’” Microsoft Corp. v. Motorola, Inc., 696 F.3d 872, 886 (9th Cir. 2012) (quoting Black’s Law Dictionary 1701 (9th ed. 2009)) 1 Conclusion 2 Therefore, Judge Couvillier’s R@R [ECF No. 5] is adopted in its entirety, so this action 3 |lis now dismissed without prejudice. 4 The Clerk of Court is kindly instructed to enter judgment accordingly and to close this 5 6 Dated: September 9, 2024 7 jy 8 [ Cristina D. Silva 9 ee States District Judge 10 ( ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26